A Guide To Forklift Accident Claims

Are you wondering if you are eligible to make a forklift accident claim? Have you suffered an injury at work as a result of employer negligence? If so, this guide may help you.

Employers owe their employees a duty of care. This means that they need to do everything that they reasonably can to prevent their employees from being injured. If they were to breach this, it could cause an accident. We will discuss what an employer’s duty of care is throughout this guide.

forklift accident claim

Forklift accident claim guide

Additionally, we will discuss what evidence may be required when making a successful claim and the time limits that apply to making a work injury claim. Furthermore, we will share some compensation figures you could receive and how our panel of injury at work solicitors may be able to help you with a No Win No Fee agreement in place. 

If you would like more guidance or more information on what to do regarding your claim, speak to one of our advisors today. Our team is here to help you. You can:

Choose A Section

  1. Can I Make A Forklift Accident Claim?
  2. Why is Duty of Care Important When Making Accident at Work Claims?
  3. What Compensation Figure Could I Receive From A Forklift Accident Claim?
  4. What is the Time Limit to Make an Accident at Work Claim?
  5. Potential Evidence That Could Help You Make a Workplace Accident Claim
  6. Why Use Our Panel of No Win No Fee Accident at Work Solicitors?
  7. Learn More About How To Make a Forklift Accident Claim

Can I Make A Forklift Accident Claim?

All employers owe you a duty of care whilst you are at work or performing duties related to your job. We will explore what this means in more detail in the next section.

If your employer were to act negligently by breaching this duty, it could cause an accident at work that sees you injured. This guide will focus on the process of claiming for work injuries sustained in a forklift accident. 

In order to make a successful forklift accident claim, you must prove that your employer breached their duty of care and that this caused an accident that caused you to be injured.

However, if your employer did all that they reasonably could to prevent an accident from happening, or you were involved in an accident that did not result in any injuries, you might not be able to make a claim.

Speak to one of our advisors to see if you could be eligible to make a compensation claim. 

Why is Duty of Care Important When Making Accident at Work Claims?

The Health and Safety at Work etc. Act 1974 (HASAWA) is the piece of legislation that outlines the duty of care that employers owe to their staff. This includes taking reasonable steps to ensure that the workplace is free of hazards to help prevent accidents from happening. If your employer were to breach this duty of care to you, it could result in you being harmed. 

Some examples of how an accident could occur due to your employer’s negligence include:

  • Your employer hasn’t been performing regular maintenance checks on the equipment at your factory job. Because of this, a forklift malfunctions as someone is operating it and hits you. As a result, you suffer a shoulder injury.
  • Someone is told to use a forklift in a warehouse but is not trained on how to do so. As a result, the forklift overturns and causes a back injury. We will look at how to prove a back injury at work later in the guide.
  • You suffer a slip or trip accident due to your employer not ensuring that the work floor is clear of hazards, such as spilt liquids and discarded wires. This could result in a foot injury.

Remember, to make a successful forklift accident claim, you must prove that you suffered an injury in a preventable accident due to your employer acting negligently.

Statistics – How Often Do Workplace Injuries Happen?

Based on the Labour Force Survey (LFS) self-reports, the Health and Safety Executive reported that 0.4million workers sustained an injury that wasn’t fatal at work in 202/21.

According to the reports made by employers to HSE under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013, there were 51,211 non-fatal injuries in the workplace. 10% were caused by employees being struck by a moving object. These statistics relate specifically to reportable incidents that have been reported under RIDDOR. 

What Compensation Figure Could I Receive From A Forklift Accident Claim?

If you make a successful forklift accident claim, you will be awarded general damages. General damages seek to provide compensation for the physical and mental pain you have endured due to your injuries. Providing evidence of this suffering, such as a copy of your medical file, will help to support this head of claim. 

When valuing personal injury claims, legal professionals will use a document called the Judicial College Guidelines (JCG) to help them. This is because the JCG provides compensation brackets for various injuries. Using the 16th edition of the JCG, we have provided a compensation table for various injuries below. The following amounts should only be used as a guideline.

InjuryNotesAmount
Brain and Head InjuryModerately Severe - Will need to depend on others for constant care due to serious disability. £219,070 - £282,010
Foot Injuries(b) One foot needs to be amputated, with loss of ankle joint.£83,960 - £109,650
Leg Injuries(b) Severe (iv) - Multiple fractures in one leg. This may impact future employment and may need future surgery.£27,760 - £39,200
Wrist Injuries(b) - Some useful movement in the wrist still remains.£24,500 - £39,170
Other Arm Injuries(c ) - A degree of recovery has taken place (or is expected to) following a less severe injury.£19,200 - £39,170
Back InjuriesModerate (ii) - The ligaments in the back have been disturbed, which causes backache. The amount awarded will be affected by various things.£12,510 - £27,760
Knee InjuriesModerate (i) - The knee has become dislocated, which will cause slight instability.£14,840 - £26,190
Neck InjuriesModerate (iii) - A previous condition has been accelerated or a soft tissue injury.£7,890 - £13,740
Ankle InjuriesModest - Included sprains and slight fractures. Whether a full recovery is made will affect how much is awarded.Up to £13,740
Chest Injuries(g) - Ribs are fractured, which causes pain which lasts for a few weeks.Up to £3,950

What Else Could I Receive From A Forklift Accident Claim?

You could also receive special damages as part of your settlement. Special damages seek to provide compensation for the financial impact the injuries have caused you.

For example, you may have had to pay for taxis to GP and hospital appointments regarding your injury. To successfully claim these expenses back, you should provide evidence such as bank statements or receipts. For more information on what a forklift accident claim could include, speak with an advisor today. 

What is the Time Limit to Make an Accident at Work Claim?

When making a personal injury claim, you only have a certain amount of time to start your claim. This time limit is set out in the Limitation Act 1980. The time limits are as follows.

  • If you are over the age of 18, you have 3 years from the date of your injury to start your claim. Alternatively, you have 3 years from the date your injury was first linked with negligence. The latter is called the date of knowledge. 
  • If you are under 18, you have 3 years to start your claim once you turn 18. Alternatively, a litigation friend could be appointed. This will be someone over the age of 18 who will make the claim on your behalf. While you’re underage, the time limit is suspended. 
  • If someone does not have the mental capacity to make a claim, they will have 3 years once they regain their mental capacity. Alternatively, they can have a litigation friend appointed for them by the court, and no time limit applies. 

For more information on whether you’re within the time limit for starting a forklift accident claim, speak with an advisor today.

Potential Evidence That Could Help You Make a Workplace Accident Claim

To help support your claim, there are different types of evidence you can collect to prove that your employer’s negligence caused your injury.

  1. Any CCTV footage, photographs or eyewitness’ contact details could help support your case 
  2. If your workplace has one, fill out the accident report book. This can provide crucial details, such as the accident’s date, cause and result.
  3. Following an accident, you should receive medical care from a professional. Asking for a copy of any treatments and diagnostics you received could help you with your claim. This is because it will help prove that you suffered harm as a direct result of the accident.

For more information on the evidence, you could use in support of a forklift accident claim, speak with an advisor today.

Why Use Our Panel of No Win No Fee Accident at Work Solicitors?

There are many benefits to pursuing your workplace injury claim with a type of No Win No Fee Agreement called a Conditional Fee Agreement in place. This is a way of having a lawyer represent you with no solicitor fees to pay upfront or during your claim.

Additionally, you will only pay your lawyer for their services if your case is successful. This will be a small percentage of your compensation, and the amount your solicitor can take is capped by law. If you lose your claim, then there’s nothing to pay for their services at all. 

Contact Us Today For a Free Consultation

If you would like more guidance or more information on what to do regarding your claim, speak to one of our advisors today. Our team is here to help you. You can: 

Learn More About How To Make a Forklift Accident Claim

For more articles regarding injuries at work:

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You can speak with one of our advisors if you want help starting your forklift accident claim.

Writer Megan Rack 

Publisher Fern Strauss